Commonwealth Consolidated Acts

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NATIONAL SPORTS TRIBUNAL ACT 2019 - SECT 4

Simplified outline of this Act

  This Act establishes the National Sports Tribunal. It has an Anti - Doping Division, a General Division and an Appeals Division. It consists of members appointed by the Minister.

  The Anti - Doping Division and the anti - doping matters dealt with in the Appeals Division rely on the Commonwealth's legislative power to give effect to the International Convention Against Doping in Sport .

  The General Division and the other matters dealt with in the Appeals Division only cover sporting disputes that the Commonwealth has constitutional power to regulate.

  In the Anti - Doping Division, persons may apply to the Tribunal for arbitration of certain disputes relating to anti - doping policies of sporting bodies.

  In the General Division, persons may apply to the Tribunal for arbitration of certain disputes if:

  (a)   those persons are bound by a constituent document covering a sporting body; and

  (b)   the document permits the dispute to be heard in the General Division or the persons who are in dispute agree to refer the dispute to the Tribunal.

  If an application for arbitration of a dispute is made, the Tribunal is to arbitrate the dispute and to make a written determination in relation to the dispute.

  In the General Division, persons may also apply to the Tribunal for mediation, conciliation or case appraisal of certain disputes if:

  (a)   those persons are bound by a constituent document covering a sporting body; and

  (b)   the persons who are in dispute agree to refer the dispute to the Tribunal.

  A party to an arbitration or certain other persons or bodies may appeal to the Appeals Division from a determination made in an arbitration conducted in the Anti - Doping Division or General Division. In certain circumstances, a person may appeal to the Appeals Division from a sporting body's decision or a sporting tribunal's decision in relation to certain disputes.

  There is a Chief Executive Officer of the Tribunal. The CEO is to manage the administration and operation of the Tribunal.



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